§450.2. Vehicles engaged in providing nonemergency, nonambulance transportation; inspection

           A. The Louisiana Department of Health shall annually review vehicle inspection and insurance documents to ensure current compliance for all vehicles used by enrolled Medicaid transportation providers in providing nonemergency, nonambulance transportation services to Medicaid recipients. The department may inspect such vehicles at any time the department deems appropriate in accordance with rules developed pursuant to Subsection B of this Section.

           B. The Louisiana Department of Health is authorized to adopt and promulgate rules, pursuant to the Administrative Procedure Act, regarding but not limited to inspection of vehicles, inspection decals issued by the department for display on vehicles, standardization of identification of such vehicles, uniformity of provider documents, mandatory liability insurance on vehicles, proof of ownership or lease of vehicles, signs on vehicles identifying the provider, and such other rules determined by the department to be necessary for the administration and enforcement of the utilization of only properly inspected and insured vehicles in the provision of nonemergency, nonambulance transportation services to Medicaid recipients.

           C. Any provider described in Subsection A of this Section who violates any of the rules promulgated pursuant to Subsection B of this Section, or any requirement of any other applicable statute or rule while acting as a provider of nonemergency, nonambulance transportation services to Medicaid recipients shall be subject to civil fines to be assessed by the Louisiana Department of Health, in addition to any criminal penalties which may be applicable. The schedule of civil fines shall be as follows:

           (1) Class A violations: Any provider found to have committed any of the following violations shall be subject to a civil fine of not more than two hundred fifty dollars for the first occurrence. For each subsequent offense, the fine shall be twice the amount of the original fine:

           (a) Failure to maintain required insurance coverage.

           (b) Use of an unauthorized vehicle to provide Medicaid transportation.

           (c) Operation of a vehicle by an unauthorized driver in providing Medicaid transportation.

           (d) Failure to report to law enforcement authorities a vehicular accident involving a vehicle used to provide Medicaid transportation.

           (e) Failure to request or seek medical treatment for a client who is injured while being served by the provider.

           (f) Physical, mental, verbal, or sexual abuse of a client.

           (g) Operation of a vehicle in violation of any of the requirements of Title 32 of the Louisiana Revised Statutes of 1950, when such violation results in death or injury to a client.

           (h) Operation of a vehicle in violation of any of the requirements of the rules promulgated pursuant to Subsection B of this Section when such violation results in death or injury to a client.

           (i) Attempting to obtain a new client or maintain an existing client by offering illegal inducements to a prospective client, an existing client, or any other person.

           (2) Class B violations: Any provider found to have committed any of the following violations shall be subject to a civil fine of not more than one hundred dollars for the first offense. For each subsequent offense, the fine shall be twice the amount of the original fine:

           (a) Failure to report to the Louisiana Department of Health a vehicular accident involving a vehicle used to provide Medicaid transportation.

           (b) Operation of a vehicle in a violation of any of the requirements of Title 32 of the Louisiana Revised Statutes of 1950, when such violation does not result in death or injury to a client.

           (c) Operation of a vehicle used to provide Medicaid transportation in violation of any of the requirements of the rules promulgated pursuant to Subsection B of this Section when such violation does not result in death or injury to a client.

           (d) Failure to provide the Louisiana Department of Health with documentation of required insurance coverage.

           Acts 1993, No. 470, §1, eff. June 9, 1993; Acts 1997, No. 618, §1; Acts 1999, No. 1116, §1; Acts 2001, No. 614, §1.